Saturday, December 16, 2006

Three little words…Happy birthday Norm!

To Congressman Norm Dicks please accept these sincere sentiments in my birthday wish to you as you celebrate 66 years in Congress:

Oh, sorry, I meant your 66th birthday. My goof. It just seems you’ve been in Congress your entire life.

And those three little words? Means, motive, opportunity.

Expounding for the benefit of those not familiar with Norm’s recent conduct as an elected official, doing the “people’s business” in “our house,” there’s this...

I began calling and emailing Norm and his congressional buddies the week of 4 December 2006 in a renewed, end-of-year effort to cause the arrest of senior Defense Department officials for ongoing, serious criminal adventures. I spoke with Norm’s Press Secretary—George Behan—and sent Norm and George a picture (taken by Behan) with myself, Glenda Ewing, and Norm standing in his office. Glenda and I had both testified before the Cox Commission the day before, and visited Norm to report to him information we possessed regarding the scope and operation of the military’s discipline system. Behan clicked the camera shutter in the late afternoon of 14 March 2001, after Glenda and I had spent 2 ½ hours briefing Norm Dicks.

Norm was 60 then.

Some of what reported to Norm in 2001 was repeated in my communications over the past two weeks.

You see, nothing effective has been done responsive information brought before the Congress by the Cox Commission (Goggle it), U.S. News & World Report (frequently by authors Peter Cary and Ed Pound), and, to be sure, Glenda and I.

Norm Dicks knows of my nearly 20-year campaign to efface the unconstitutional Articles of War (since renamed the Uniform Code of Military Justice or UCMJ) from our legislative construct as it presently exists. I brought my concerns time to Norm for the first time, as one of his constituents, in April 1992. Norm was 51 then.

Norm Dicks, and the many staffers in his offices in D.C., and here in the Puget Sound, know full well I represent no threat of physical harm.

And still, Norm Dicks reported to Capitol Police in the past two weeks that I did.

Capitol Police notified officials from the Department of Homeland Security, who further alerted DHS’ Federal Protection Service.

The first knock at my door came at 10:37 a.m., Thursday, 7 December 2006. I didn’t answer. More knocks came later Thursday, Friday, Saturday, and Monday morning. Then a phone call.

My best reconstruction of events is that two different DHS/FPS federal police officers drove from their Federal Way, WA Office (52-miles distant-in Puget Sound traffic) to find their way to my front door. The lead investigator was Inspector Larry McConnell, assisted by another unknown DHS/FPS officer described as “the fat one” by neighbors.

McConnell had to invade my privacy, working off Norm Dicks’ false report, to learn where I lived (I’m recently relocated), find out exactly which apartment I occupied (my mailing address is a P.O. box), determine what kind of vehicle I own with its license number (one of the officers remarked my vehicle missing during their Monday visit), obtain my cell telephone number (used to call me Monday morning), and obtain my physical description (confirmed during their questioning of apartment complex office staff).

McConnell and friend’s numerous visits to this very closely watched community caused quite a stir, and represents a type and kind of public defamation wholly unsupported, completely inappropriate. Tersely: Exactly the signals sent into my neighborhood Norm Dicks intended.

Norm Dicks has tried to intimidate me before, as he did again in past days, but that’s not working out so well.

I suspect McConnell and his companion traveled separately, tag-teaming driving from Federal Way, to Silverdale on Thursday, Friday, and Saturday. They came to my door in the morning, and not finding me, loitered in the area to knock on my door in the afternoon before returning to base.

McConnell was here on Monday morning. He called me, and I returned his call while he was driving back to Federal Way. He’d left his business card in the door with the written comment on the back: “Mr. Fitzpatrick…you need to contact me to talk…Inspector McConnell.”

I suspect, had I not returned his call, a more dedicated federal agent/police response was in my future.

In case it’s missed your attention: Congressman Norman Dicks has committed a criminal act by filing a knowingly false police report. Dicks’ criminal act is formally reported, here, to Inspector McConnell (an email link/alert is sent to McConnell separately).

MEANS: Norm is a very powerful Congressman. He’s known as the 3rd Senator in Washington State.

MOTIVE: Norm is furiously attempting to cover-up the criminal acts of very senior Defense Department officials and others, in plain view, reported here and elsewhere, too numerous to repeat today. There's one example worth mention though: Norm’s known about the nefarious participation of a County prosecutor in Norm’s congressional district since 1998 (Norm was 57 then). This prosecutor has infected cases long before and since. Personal, professional, political, and criminal consequences attach to Norm Dicks’ willful ignorance of this, and many other criminal escapades. Norm’s not gettin’ any younger and he has his legacy to consider. Shutting me up serves Congressman Dicks’ best interests.

OPPORTUNITY: Well…Norm employs a press secretary. His press secretary has a phone sitting on his desk.

It’s worth mentioning in closing that Congress in general, and Congressman Dicks in particular, has turned against the American people when it comes to oversight of the military, and protecting our servicemen. This is an extraordinarily ominous development. If we do not stand up and fight back, the damage only worsens.

Should anyone care to confirm this report, feel free to contact George Behan at: 202.226.1175 or email George Behan

Inspector McConnell may be reached at: 253.815.4723 or email: Larry McConnell

For Inspector McConnell: Feel free to contact me should I have any part of this public report incorrect. I'm happy to make necessary amendments. You know how to reach me.

Happy birthday Norm.

Here endth the lesson.

The JAG Hunter -- Copyright©2006

Gates may modify intelligence role

With several vacancies in top Pentagon intelligence posts, Gates will have an early opportunity to make his mark on its intelligence apparatus.

JAG Hunter here: As I've gently suggested in my SECURITY ALERT posted on this page, DIA Director Michael D. Maples must be removed from his post, then prosecuted under our Constitution's Article III .

Friday, December 15, 2006

Let not your hearts be troubled...

To Director Marc Ash, Counselor Bill Simpich, Reporter Sari Gelzer, and contributors Dahr Jammail and Sarah Olson: Have no worries.

None of you suffer under Uniform Code of Military Justice (UCMJ) jurisdiction. Courts-martial are congressionally created disciplinary hearing forums. They are established to punish military personnel and civilians assigned in support of military operations (contingency operations – this, a recent UCMJ amendment). Congress authorizes the commander-in-chief (our chief executive) to directly punish only those persons who come under UCMJ authority.

Again, none of you do.

Never mind the UCMJ is an illicit act of attainder, those touched by its “punitive articles” include:

(1) Regular component service members

(2) Cadets and midshipmen

(3) Reservists (Guardsmen) when ordered to active duty

(4) Retirees

(5) Military inmates

(6) Prisoners of War

(7) Certain civilians in company with military forces

Congress permits only one person, the president of the United States (POTUS), acting in the role of commander-in-chief (CINC), to punish people listed in categories under the Articles of War (AWs or UCMJ). The CINC delegates punishment authority downward to senior military officers who assemble and populate (convene) courts-martial. These admirals and generals are more commonly called “convening authorities.”

The word “jury” nowhere appears in the AWs/UCMJ (never has). There are no “juries.” There are no "trials." There are no “judges,” no “defense counsels,” or “prosecutors.” A court-martial is not a court. In fact, the practice of courts-martial is the practice of “attainder”punishment without law. It’s mattered not a wit Congress is proscribed from passing bills of attainder, stripping themselves that legislative authority. The AWs/UCMJ, acts of attainder, have flourished while the Constitution atrophies.

Courts-martial are councils of war called together in the name of the CINC. Their purpose is to gather information and make recommendations to the CINC (by way of the convening authority) regarding matters presented to members. Said another way, the CINC/CA orders military personnel to attend, report, and consult regarding disposition of matters inspected during these disciplinary hearings.

Whether their recommendations are accepted, modified, or rejected is left completely to the discretion of the CA/CINC.

In your specific circumstance, the very notion a military officer believes he can order any of you into a court-martial hearing, acting in the name and under the authority of the CINC, makes my point clearly and forcefully regarding an atrophied Constitution.

As there are no elements of a federal court (Article III) attendant to the congressionally created military hearings—courts-martial (Article I)—such as trials, juries, judges, and the like, there are no such things as “subpoenas.”

Subpoenas are unnecessary in the military discipline scheme. The CINC/CA simply orders his UCMJ subjects to be present at courts-martial..

Insofar as the CA/CINC holds no authority over you, he can't order you to do anything. That also means the CA/CINC can't punish you for being absent from Lt. Erin Watada’s GCM. No one…not even the POTUS.

In the United States, for the moment at least, acts of attainder are acceptable only when directed against America's servicemen. Many people are working hard to efface attainder being practiced against any person. People who've taken oaths to support and defend the Constitution.

Maybe now, as members of the press, you'll be motivated to join that effort.

I trust you’ll find this information invaluable now that you know you’re off the hook, and know why. I suspect professional colleagues will be as relieved as you. Please pass the word.

And please consider making a donation to the Warrior fund to help our troops defend themselves from the acts of attainder I’ve just described. Spread that word too.

Be generous. Our kids are in desperate trouble. You know the feeling.

Here endth the lesson

The JAG Hunter Copyright©2006